In November 2011, a 19-year-old pedestrian’s life was changed forever when she was hit by a pickup truck while crossing 15 Mile Road in Clinton Township. The violent impact caused her to sustain life-threatening injuries, including traumatic brain injury and spine fractures, among others. To make matters worse, the pickup-truck
Appellate Court: “Cousin By Marriage” Isn’t A “Relative” For PIP Benefits
A “cousin by marriage” relationship does not satisfy the definition of “relative” in the No-Fault Act, according to the Michigan Court of Appeals. In Lewis v Farmers Ins Exchange, an April 19 published decision, the injured person asserted that she resided with, and was a “cousin by marriage” to, Tamekiah
“Settlement Allocation” Helps Insurers Avoid Paying Medical Bills In Full
When medical providers treat persons injured in auto accidents, they often seek payment for their services from the appropriate no-fault insurer. But lately, some insurers have been trying to limit their payments to medical providers by using a “settlement allocation” strategy. This tactic comes into play when the insurer and
Pedestrian Deaths Are Surging At An Alarming Rate
Remember when your mother told you to be careful crossing the street? This advice rings true now more than ever, in light of a new federal report that says pedestrian deaths are increasing nationwide at a startling rate. According to the Governors Highway Safety Administration (GHSA), nearly 2,400 pedestrians were killed in the United States during
A Stitch in Time: Supreme Court Softens the One-Year Notice Rule in PIP Cases
There’s nothing that rattles a lawyer’s nerves like an impending statute of limitations deadline. And there aren’t many statutes of limitations that come sooner than one year. It’s no wonder, then, that lawyers who handle no-fault cases frequently find themselves a bit jittery due to the one-year notice rule and/or
A New Frontier in the Wild West of ERISA Litigation
Supreme Court weighs in on ERISA plans in personal injury cases It is often said that United States Supreme Court (“SCOTUS”) is the Super Bowl of law. But with all the glamor surrounding SCOTUS, we often forget that the Court also decides technical, arcane legal questions. Sometimes those decisions have
Kalamazoo Shooting Should Give Politicians in Lansing Pause Over Uber’s Request for Corporate Immunity
After the Kalamazoo Shooting, Uber should not receive any special treatment by our legislature Michiganders everywhere are reeling from the news of the horrific Kalamazoo shootings that occurred over the weekend. The scope and brazenness of this tragedy strikes all of us to the core. Our thoughts and prayers are
Would D-Insurance Solve Detroit’s Auto Insurance Crisis?
Michigan no-fault attorney Steve Sinas discussed consequences of D-Insurance plan on “Detroit Wants 2 Know.” Mayor Mike Duggan’s D-Insurance plan, an auto insurance system exclusively for Detroit residents, has yet to be approved by the Michigan Legislature (in the form of SB 288). While we have provided an overview of
Recent Pedestrian Accidents Should Give Us Pause
With the recent local pedestrian accidents and hit-and-runs, here are a few tips to keep in mind whether you walk or drive. In the past week, there have unfortunately been a number of local pedestrian accidents in the Mid-Michigan area – a number of them have even been hit-and-run incidents,
Medical Providers Need to Be Proactive When Seeking Payment through No-Fault Insurance
The Covenant Medical Center case shows that medical providers treating auto accident survivors under the No-Fault Act must protect their right to reimbursement. Last week, the Court of Appeals decision released its decision in the case of Covenant Medical Center v State Farm. The decision turned out to be a welcomed